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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Abhinandan Kalia – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. seniority from recruitment process initiation per 2014 om (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. 2021 om uses appointment date; parties dispute applicability (Para 7 , 8 , 9) |
| 3. exceptions apply to unfinalized 2012-2019 cases (Para 10 , 11 , 12) |
| 4. case governed by old rules; initiation date prevails (Para 13 , 14) |
| 5. quash list; refix per 2014 om principles (Para 15 , 16) |
JUDGMENT :
Sandeep Sharma, J.
Precisely, the question, which needs to be determined in the case at hand is “whether inter-se seniority between direct recruits and promotees shall be determined on the basis of the appointment or the date of initiation of recruitment process”.
2. Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that in the year 2014, a requisition for filling up of 9 posts of Principal (ITI) was sent to Himachal Pradesh Public Service Commission (in short “Commission”), but subsequently, in the year 2015, afore requisition was revised by including 33 posts of Principal (ITI). Commission by clubbing all these posts advertised 42 posts of Principal (ITI). Recommendation of Commission for these posts was received in the year 2016 and af
Inter-se seniority for direct recruits/promotees appointed 27.11.2012-18.11.2019, not finalized by 18.11.2019, determined from recruitment process initiation date per 1986/2014 OMs, overriding later ....
Seniority for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.
Service Laws – Seniority List – OMs made it clear that seniority of direct recruits had to be fixed from the date of appointment and not from date of initiation of recruitment process.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
Seniority – Inter-se seniority between promotees and direct appointees – As far as posts of Income Tax Inspectors are concerned, principle of rota and quota or rotation of quota will apply.
Seniority in government service is determined by the date of appointment, not just the year joined in the cadre, protecting prior established seniority rights.
The court affirmed that seniority must be determined based on the recruitment year, not appointment date, ensuring fairness against administrative delays.
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